1. Other definitions
- Content: material provided by Member for placement on Website, such as public member profile information, text, photos, videos and/or texts and/or online messages, reactions, photos and videos sent by Member;
- Credits: the internal currency used to pay for Premium access;
- Log in code: the code provided by Company to Member, with which Member receives access to Website;
- Free access: the free membership of Website whereby Member receives access to Website and can make use of Services on a limited basis;
- Member: member of Services and the contractual party of Company in this agreement;
- Abuse: the placement of Content on Website or the sending of messages whereby rights or privacy of others is violated, such as sending unsolicited commercial information and spam, sending commercial text numbers, making grievous or insulting statements, infringing upon intellectual property rights or making public or copying material without permission;
- Premium access: the paid membership of Website whereby Member, by purchasing Credits, in addition to receiving access to Website also can make full use of Services;
2.1. These Terms are an integral part of every finalised agreement between Company and Member and are applicable to every offer and agreement.
2.2. Conditions or clauses deviating from these Conditions are only valid insofar as they are accepted in writing by Company.
2.3. The agreement is brought about because Member has sent the Company via the Website the registration form stated on the Website or because Member has sent a first message to a profile via Website and this registration form or message has been received by Company.
2.4. The agreement is personal and not transferable.
2.5. Participation is only possible for persons 18 years of age and older.
3. Price and payment
3.1. Member receives a Free access membership upon registration.
3.2. If Member wishes to communicate with other members or fully utilise Services, Member must upgrade the membership to Premium access. To do so, Member must purchase Credits. The amounts stated on Website for the purchase of Credits are denominated in EUR and include 21% value-added tax. Company will in no way charge extra fees via Member’s mobile telephone account. If Member chooses to send messages via text then Member pays, via his or her mobile telephone account, only the normal text rate (within or outside of his or her bundle) for the text messages sent by Member.
3.3. By completing the payment form on Website, Member authorises Company to deduct the amount owed from Member’s bank account or credit card. This depends on the selected form of payment. If the amount owed by Member upon receipt of the payment form by Company cannot be (entirely) deducted from the selected payment method, Premium access to Services expires.
3.4. If a payment is cancelled by Member or when the automatic payment from Member’s bank account or credit card has failed for some other reason, this means that Member is in default of the fulfilment of his or her payment obligation. This results in extra costs that Company will charge to Member, in addition to the principal costs. In the absence of payment, Company will enlist a collection agency. In that case, Member owes 15% of the principal with a minimum rate of EUR 40.00 collection costs, according to the Law of Collection Costs (WIK).
3.5. Payments received by Company are non-refundable. Credits are valid for a maximum of 12 months after purchase. Company reserves the right to remove unused Credits from the personal member account after 12 months.
3.6. Member can invoke the statutory cooling-off period of 14 business days. This reflection period begins upon registration for Free access. Termination of the agreement must be performed by Member within the reflection period via the Settings menu in the personal member account. If Member makes use of Premium access, the right to the statutory reflection period immediately lapses.
3.7. Company may unilaterally adjust, expand or retract the rates of Credits or the right to use of Services connected with Premium access.
4. Right of use
4.1. Company grants to Member the non-exclusive right of access to Website for viewing the information registered on Website. This right contains exclusively the right to use Website in accordance with the purpose for which the Website has been developed. This right of use of Member is not transferable.
4.2. Member will use Website exclusively in a legitimate manner and will refrain in any case from:
- the attempt to obtain use of or access to computer systems and/or networks belonging to others than himself or herself;
- research or testing of the safety of Website or networks belonging to others than himself or herself;
- the attack of the operation of Website or networks belonging to others than himself or herself;
- the disposal, letting or providing to third parties or the use, change, deletion or making unusable for third parties of the right of accessible information, as defined in Article 4.1, belonging to others than himself or herself;
- the design, production, introduction and distribution of computer viruses and other computer programmes that could cause damage to Website;
- the violation of intellectual property rights and/or other rights of other users.
4.3. Member automatically grants to Company an irrevocable, perpetual, non-exclusive, international license to use his or her Content to make Services available. Company has the right to use the contents of the public member profile, including photos and videos, in promotional materials. Website is affiliated with the D Support network, which exchanges members from various websites to provide Member a broader selection of affiliated members with whom to communicate. Member’s public profile and all Content that Member places in the public arena of Services can be visible on other sites in the network.
4.4. Member’s public member profile and his or her public contents can be searched by third-party search engines.
5. Log in code
5.1. Member is fully responsible for logging in on Website and the use of the Log in code provided by Company to Member.
5.2. The Log in code of Member is secret. Company and Member take reasonable measures to prevent other persons than Member knowing the Log in code provided to Member.
5.3. If Company finds and/or reasonably suspects that other persons than Member (can) make use of the Log in code or if the Member informs Company of a similar use, Company will immediately block access to Website via the specific Log in code. Insofar as possible, Company informs Member of the unauthorised use and the blocking of the Log in code and provides a replacement Log in code to Member as quickly as possible after the block. 5.4. Company has the right to temporarily or permanently deactivate, without prior formal notice, the use of the Log in code by Member, if Member does not fulfil any obligations to Company.
6. Use of Services
6.1. The use of Services by Member is entirely at own risk. Member must be aware when Member is involved in internet communications with people unknown to Member, that these people may not necessarily be who they say they are and that these people can provide information or behave in a certain manner that is unreliable, misleading or illegal.
6.2. Member accepts responsibility for the substance of Content sent by Member or via his or her personal member account and the Content that Member places on his or her public profile or in the public arena of Services. Member refrains from posting Content that is offensive, pornographic, racist or legally prohibited, including childhood photos (under 18 years old), group photos, photos with children, photos of people other than Member himself or herself which are also recognisable or photos of animals.
6.3. Member is not permitted to make public personal information, including telephone numbers, addresses, e-mail addresses and references to social media channels, on his or her own member profile or through Content to distribute via Services.
6.4. It is not permitted for Member to register himself or herself on Website for more than 1 membership.
6.5. Company reserves the right to read, moderate and possibly refuse or delete without prior notice the public member profile of Member and all Content sent via Services.
7.1. Member has the right to immediately and without statement of reasons cancel his or her membership of Services.
7.2. Company has the right to fully or partially cancel or end membership of Member and use of Services without prior warning. This is subject to any reason whatsoever.
7.3. For safety and quality of Services, Company has the option to automatically cancel the membership of Member if Member has not used Services for a minimum of 12 months.
7.4. With the expiration of membership, all Credits immediately expire. Payments received are non-refundable.
8.1. By registering, Member agrees to receive specially selected offers of Company and third parties and thus consents to the sending of commercial messages (whether or not on behalf of others) to the e-mail address of Member. Member can always unsubscribe from these e-mails via the unsubscribe link in one of these commercial messages.
8.3. Member shall indemnify Company from any claims of third parties based on the assumption that information processed by Company, the processing of information and/or the result of the processing are inconsistent with applicable law.
9.1. Company offers Member no guarantee of success, a date or a relationship by use of Website and Services. Characters, member profiles and/or advertisements can be fictional with only an entertainment objective. In those cases, Content via messages is moderated. Physical contacts are therefore not possible in all cases. Company disclaims all explicit and implicit warranties and conditions, to the extent permitted by law, including but not limited to warranties and conditions of marketability, quality of Services, agreement with the description and suitability for a particular purpose.
9.2. Company does not check in advance the accuracy or correctness of the information and Content published by its members. Company reserves the right to remove Content, member profiles or other members. However, that does not guarantee that Company can remove all offensive material. By making use of Services, Member accepts that Member may come into contact with offensive material.
9.3. Company is never liable for the possible (consequential) damage of Member or of third parties.
9.4. Regarding all claims of third parties, Member indemnifies Company from reimbursement of (consequential) damage that relates to this agreement.
9.5. If and to the extent that a judicial authority nevertheless deems that Company is liable for the (consequential) damage of a Member or a third party and is held responsible to reimburse the damage entirely or partially, the amount of damages is limited to the total amount paid by Member for Credits.
10. Additional conditions
10.1. The rule of law of the Netherlands is applicable to this agreement.
10.2. In the case of a dispute between Company and Member, the Amsterdam District Court has jurisdiction over the dispute or, at the option of Company, the court that would otherwise be competent to hear the dispute.
10.3. Company reserves the right to change the Terms and to declare the modified Terms to be applicable to existing agreements. The Terms are effective upon publication.
1. Processing of personal data
The main objective of Company in the collection of personal data is to provide Member the possibility of a safe, efficient and personal use of Services. First of all, Member’s personal data is used by Company for the provision of Services. This includes the establishment of a member profile, the sending of chat messages, etc. For payments relating to the membership of Website, relevant information to that extent is requested and processed.
Company shall publish on Website or provide to other members NO personal information of Member, such as his or her real name, e-mail address, mobile telephone number or IP address. This data remains strictly personal and confidential at all times. In the event that Company requests personal information, Company emphasizes that publication is not possible without the express consent of Member.
Further, Company processes the personal data of Member for an adequate provision of services, execution of agreements with Member, relationship management, improvement of its services and fulfilment of legal obligations. Personal data may also be used for the detection of (attempts of) illegal and/or punishable actions focussed on Website, its customers and/or employees.
In addition, the personal data of Member may be used to inform Member, whether or not based on prior selection, of interesting offers and products or services of Company, affiliates and partners. Member may also be approached via e-mail with information, special offers or interesting promotions of Company and advertisers of consumer products/services. Member can always unsubscribe from these e-mails via the unsubscribe link in one of these commercial messages.
2. Protection of data
Company has taken appropriate technical and organisational measures to safeguard the personal data of Member against loss, or against any form of unlawful handling.
If payment information is required for the use of Services, Company uses Secure Socket Layer (SSL) for transfers. This software encrypts all relevant personal information for the payment, such as credit card number, bank number, account number, name and address.
A cookie is a simple small file that is sent along with the pages of Website and/or Flash applications and that is saved on the hard disk of Member’s computer by the internet browser. Cookies are not used to execute programmes or to load viruses on Member’s computer. Cookies cannot damage the computer or files on the computer.
Member always has the option to refuse the placement of cookies. This is usually done by selecting the related option in the configuration of the internet browser or additional programmes. If Member opts to turn off cookies, this can reduce the number of services offered and negatively influence the use of Services.
Further, Computer places cookies on Member’s computer to prevent that Member sees a particular advertisement too often and to register the number of times that an advertisement is displayed.
Company can make use of so-called APIs, which stands for Application Programming Interfaces. If Member consents to an API, communications will occur between Website and the related website (for example, Facebook) for which the API requests permission. As a consequence, the information that Member has left on the related website (for example, Facebook) can be shared with Website. Permission will always be requested from Member for the placing of an API, which can always be withdrawn again by Member.
If you have any questions about this Privacy statement, we ask you to contact us.